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(영문) 창원지방법원 2021.01.13 2020고단3720
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2020, the Defendant, at around 02:30 on November 8, 202, should not make this account to the customer (Defendant) who ever ever ever ever taken in C restaurant in Kimhae-si B.

“A police officer affiliated with the police station in the Kim Sea, who was called up after receiving a report 112, confirmed the details of the report against the reporter, and notified the defendant that the slope E could be subject to a disposition of notification at the time of failure to pay meal expenses, and he sent the above police officer a bath to the above police officer, and sent him a drinking slope E’s chest part of the breast part of the slope E in drinking, a drinking slope, and assaulted the slope E at one time in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the performance of official duties [the category 1] and there is no interference [the scope of the recommended sentencing] with the execution of official duties [the scope of the recommended punishment] (the area of recommendation and the scope of the recommended punishment], the decision of sentencing from June to June: Imprisonment with prison labor for April, suspension of execution, 2 years of suspension of execution, observation of protection, community service work80 hours, and the defendant's age, sex, sex, environment, motive, means and consequence of the crime, and other various circumstances that are the conditions for the sentencing of this case, such as the circumstances after the crime, shall be determined as the order.

D. Unfavorable circumstances: Crimes committed against the police officer with poor quality of the crime, and favorable circumstances such as past violent crimes (a record of punishment of a fine of KRW 4 million due to special violence in 2018): The defendant's mistake and reflects the defendant's mistake, and damages.

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